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File #: 6707   
Type: New Business - Community Services Group Status: Adopted
File created: 4/1/2024 In control: Parks and Recreation Department
On agenda: 4/23/2024 Final action: 4/23/2024
Title: Citizen Request RE: Appeal Wickham Park Usage Denial
Attachments: 1. Special Event Questionanaire.pdf, 2. Brevard County, FL Code of Ordinances Sec. 78 Article III Use of Parks.pdf, 3. Parks and Recreation Denial.pdf, 4. County Managers Office Decision Upheld.pdf, 5. Renaissance Fair Appeal Request.pdf, 6. D4 Disclosure 042324 Item I2.pdf, 7. D1 Commission E-mail re Item I.2..pdf, 8. D1 Commission E-mail Addtional Item I.2..pdf, 9. D4 Commission Email re_ Item I.2..pdf, 10. D3 Commission Email re Item I2.pdf, 11. D2 Commission e-mail re_ Item I.2..pdf, 12. D4 Commission E-mail re_ Item I.2. 04222024 418PM.pdf

Subject:

Title

Citizen Request RE: Appeal Wickham Park Usage Denial

End

Fiscal Impact:

N/A

Dept/Office:

Citizen Request

Requested Action:

Recommendation

Pursuant to Brevard County, FL Code of Ordinances Section 78.82, it is requested that the Board of County Commissioners consider an appeal of the Renaissance Fair Wickham Park Permit Request denial.

End

Summary Explanation and Background:

Mr. Peter Moolhuizen, Brevard Renaissance Fair, submitted a Special Event Questionnaire requesting the use of Wickham Park for the 2025 Brevard Renaissance Fair.  Including set up, event, and tear down, the Wickham Park Brevard Renaissance Fair usage request is from December 24, 2024 through March 7, 2025, a period of 74 days.

 

On March 14, 2024, Mary Ellen Donner, Director Brevard County Parks and Recreation, denied the request, stating, “Your…Special Event Questionnaire does not meet the requirements of Brevard County Code of Ordinances Section 78-82. - Permits (b) (1).”

 

Pursuant to Brevard County, FL Code of Ordinances Article III. - USE OF PARKS Sec. 78-82. - Permits (b) (1) “Beginning January 2025, special event permits at Wickham Park shall be limited to a maximum of 15 consecutive days, or two consecutive weekends.

 

In accordance with Brevard County, FL Code of Ordinances Section 78.82, this decision was appealed to the County Manager.  On March 21, 2024, the Parks and Recreation director’s decision was upheld by the County Manager's Office.  On March 26, 2024, Mr. Moolhuizen requested the appeal be referred to the Board of County Commissioners.

 

Pursuant to Brevard County, FL Code of Ordinances Section 78.82, Mr. Moolhuizen now appeals to the Board of County Commissioners regarding the permit denial.

 

For the Board’s information, County Attorney Richardson has opined that the Board’s consideration of the appeal is limited to whether or not staff and the County Manager properly applied the Code in denying the permit. If the Code was applied properly, then the decision of staff and the County Manager should be upheld, and the appeal denied. However, if staff erred in the application of the Code and the permit should have been granted, then the Board should reverse staff’s decision and provide further direction consistent with the Code.  

 

Clerk to the Board Instructions:

Please send the Clerk to the Board memorandum to Mary Ellen Donner maryellen.donner@brevardfl.gov <mailto:maryellen.donner@brevardfl.gov> or telephone 321-633-2046 for pickup.